Singapore Medical Council v Dr Mohd Syamsul Alam Bin Ismail: Appeal for Professional Misconduct Suspension
In Singapore, the Singapore Medical Council (SMC) appealed against the sentence imposed on Dr. Mohd Syamsul Alam Bin Ismail by the Disciplinary Tribunal for professional misconduct. The Disciplinary Tribunal found Dr. Syamsul liable on two charges: failing to undertake an adequate clinical evaluation and failing to keep clear and accurate records. The Court of Three Judges, comprising Sundaresh Menon CJ, Judith Prakash JA, and Tay Yong Kwang JA, allowed the appeal, increasing Dr. Syamsul's suspension from three months to two years and six months, and affirmed the fine of $40,000.
1. Case Overview
1.1 Court
Court of Three Judges1.2 Outcome
Appeal Allowed
1.3 Case Type
Regulatory
1.4 Judgment Type
ex Tempore judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Singapore Medical Council appealed against the suspension term for Dr. Mohd Syamsul Alam Bin Ismail, who was found guilty of professional misconduct.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| SINGAPORE MEDICAL COUNCIL | Appellant | Government Agency | Appeal Allowed | Won | Anand Nalachandran, Neo Zhi Wei, Eugene |
| DR MOHD SYAMSUL ALAM BIN ISMAIL | Respondent | Individual | Suspension Increased, Fine Affirmed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Judith Prakash | Judge of Appeal | No |
| Tay Yong Kwang | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anand Nalachandran | TSMP Law Corporation |
| Neo Zhi Wei, Eugene | TSMP Law Corporation |
4. Facts
- The Patient presented with a lump on his buttock and a five-day fever.
- The Patient informed Dr. Syamsul he was diabetic but had stopped medication.
- Dr. Syamsul prescribed antibiotics without a physical examination.
- The Patient was later diagnosed with Fournier’s Gangrene.
- Dr. Syamsul failed to order a random capillary blood glucose test.
- Dr. Syamsul failed to immediately refer the Patient to a hospital.
- Dr. Syamsul's consultation note was brief and lacked important details.
5. Formal Citations
- Singapore Medical Council v Mohd Syamsul Alam bin Ismail, Originating Summons No 10 of 2018, [2019] SGHC 58
6. Timeline
| Date | Event |
|---|---|
| Patient presented to Dr. Syamsul complaining of a lump and fever. | |
| Patient admitted to Alexandra Hospital with Fournier’s Gangrene. | |
| Patient made a complaint to the SMC. | |
| Dr. Syamsul provided a written explanation to the SMC. | |
| Disciplinary Tribunal of the Singapore Medical Council made an order against Dr. Mohd Syamsul Alam Bin Ismail. | |
| Judgment delivered. |
7. Legal Issues
- Professional Misconduct
- Outcome: The court upheld the Disciplinary Tribunal's conviction on both charges of professional misconduct.
- Category: Substantive
- Sub-Issues:
- Failure to undertake adequate clinical evaluation
- Failure to provide competent care
- Failure to keep clear and accurate records
- Related Cases:
- [2017] 4 SLR 66
- [2018] SGHC 253
8. Remedies Sought
- Increased Suspension
- Affirmation of Fine
9. Cause of Actions
- Professional Negligence
- Breach of Duty of Care
10. Practice Areas
- Disciplinary Proceedings
- Healthcare Regulation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yong Thiam Look Peter v Singapore Medical Council | Singapore Court of Appeal | Yes | [2017] 4 SLR 66 | Singapore | Cited for the principle that failure to keep adequate medical records is a serious breach. |
| Wong Meng Hang v Singapore Medical Council | High Court | Yes | [2018] SGHC 253 | Singapore | Cited for the sentencing framework in cases involving harm to the patient. |
13. Applicable Rules
| Rule Name |
|---|
| Order 55 of the Rules of Court (Cap 322, Rule 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Medical Registration Act (Cap 174, 2014 Rev Ed) | Singapore |
| Section 55(1) of the Medical Registration Act (Cap 174, 2014 Rev Ed) | Singapore |
| Section 53 of the Medical Registration Act (Cap 174, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional misconduct
- Fournier’s Gangrene
- Medical negligence
- Disciplinary Tribunal
- Medical records
- Clinical evaluation
- Standard of care
15.2 Keywords
- medical
- negligence
- Singapore
- disciplinary
- tribunal
- suspension
- doctor
- patient
- SMC
16. Subjects
- Medical Malpractice
- Professional Responsibility
- Healthcare Law
17. Areas of Law
- Medical Law
- Professional Conduct
- Regulatory Law